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Legal support options for federal employees affected by recent cuts to federal agencies and programs 

A recent FedSupport Webinar, hosted by Jenny Mattingley, vice president of government affairs at the Partnership for Public Service, offered crucial insights into the legal arguments and legal support options federal employees could rely on as they challenge the Trump administration’s ongoing cuts to the federal workforce.  

Craig Becker, senior counsel to the American Federation of Labor and Congress of Industrial Organizations and special counsel to Rise Up: Federal Workers Legal Defense Network, joined the discussion.

An unprecedented legal landscape 

From agency closings to mass probationary firings, the actions of the current administration have generated rapid litigation across the country.

Plaintiffs in these cases range from labor unions and state attorney generals to individuals affected by workforce reductions. These legal efforts challenge executive attempts to reclassify, reduce or eliminate federal positions, often without congressional authority.

Types of cases and legal arguments  

Employees are relying on several legal arguments as they navigate workforce reductions and other adverse employment actions.

Each type of case comes with its own legal standards, filing deadlines and procedural nuances. Understanding these differences can help employees identify the most appropriate course of action: 

• Agency dismantling: Plaintiffs argue that the administration cannot unilaterally shut down agencies created by Congress. 

• Reorganization without authorization: Plaintiffs allege that reorganizing the federal government requires congressional approval. Courts have already issued preliminary injunctions halting some actions. 

• Probationary firings: A mass firing of new federal employees has triggered lawsuits and class actions, some of which led to reinstatement. 

• Schedule Policy/Career reclassification: A revived effort to strip federal employees of job protections under a proposed Schedule Policy/Career has raised alarm and prompted pending legal challenges. 

• Union rights rollback: Executive orders limiting collective bargaining rights are being litigated on First Amendment and overbreadth grounds. 

What federal employees can do to protect themselves 

With court decisions likely a year or more away, federal employees may be stuck in limbo. It is crucial to closely track these developments and take timely action. 

• Reduction-in-force notices: If you receive a reduction-in-force notice, you must file with the Merit Systems Protection Board within 30 days of the effective date, even if the agency lacks a quorum. 

• Class actions and grievances: Many agencies already face class action suits. If your agency is involved, you may be automatically covered. 

• Collective bargaining protections: Union-represented employees should contact their representatives to learn about ongoing grievances and appeals. 

Legal support resources for federal employees 

When it comes to federal employment, navigating the legal landscape can be complex, especially when facing reductions in force, discrimination claims or uncertain timelines.  

Fortunately, several trusted organizations and tools are available to help employees understand their rights and take informed action. 

• Rise Up: Federal Workers Defense Network: This coalition has trained over 1,000 volunteer attorneys to assist federal employees, pro bono. 

• Just Security Tracker: A real-time litigation tracker for broader executive branch challenges. 

• National Employment Lawyers Association: Use the “Find a Lawyer” tool to locate attorneys who specialize in federal employment. 

• Justice Connect: A resource specifically for Justice Department employees who seek legal support. 

To learn more about the current legal environment and legal support options for federal employees, watch the full webinar featured on our FedSupport Hub.

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